Dear Rich,

 

I, too, remember our meeting fondly and likewise hope that this finds you and your family well.

 

Let me add as a prefatory note that I’m sure some people are wondering about why we are discussing this in such detail on Bahai Studies. However, I think it is important to get all this straight to help us understand the decisions made by Shoghi Effendi as well as the conduct of Baha’is in the Third Reich.

 

I’m sorry for not communicating clearly. Let me try and clarify what I meant to say.

 

I did not say, or mean to imply that the Nazi government was not “duly constituted” because (a) Hitler only got 37% of the vote in Germany’s last free election, or because  of (b) Stalin’s

refusal to have the Communists join an anti-Nazi coalition which could have prevented Hitler from coming to power. We too have minority governments in Canada – indeed, have one right now and it is quite “duly constituted.” (BTW, doesn’t Bush have a majority?)

 

What specifically makes Hitler’s government not “duly constituted” is the fraudulent election of March 5, 1933. Just prior to March 5 Hitler set the Reichstag Fire (Feb. 27, 1933 as an excuse to suppress the Social Democrats and Communists during the election. Moreover, he had no legitimate authority to ban all political demonstrations except by the Nazis or to use the SA to intimidate and arrest members of  rival parties. Nor, of course, did he have authority to set the Reichstag Fire (Feb. 27, 1933)!

 

You write:

 

He already had the government, so it was legally constituted. That the fact that he started breaking laws after this to shore up his power doesn't change that.”

 

Ian:

 

It’s more complicated than that.

 

Hitler took power *legally* in January 30, 1933, but took power *illegally* with election he called (Feb. 1, 1933) for March 5, 1933.

 

The election itself was not “duly constituted” (as shown previously) nor was the post-election Reichstag since Social Democrats and Communists were forcibly and illegally prevented from taking their seats. The government was also not duly constituted because it used strong-arm tactics to force other smaller parties to approve giving Hitler the “Enabling Laws.” These laws existed in the Weimar Constitution but were not legitimately obtained by Hitler.

 

Thus, I think the claim that the Nazis government after (and even starting with) the March 5, 1933 election was not “duly constituted.”

 

In a variety of ways, the Nazis met the Guardian’s criteria for not being “duly constituted” and he acted wisely in disbanding the German NSA instead of co-operating with them. Defying Hitler in this way entailed considerable –but unavoidable -  risk for German Baha’is.

 

I’d be curious to know how many of  the men went into the German Wehrmacht, which was the one place a person could be beyond the reach of the Gestapo, the SA or the SS.

 

Best wishes,

 

 

Ian Kluge

 

 

 

 

Thus, under Weimar law (and normal parliamentary practice) Hindenburg had to call on Hitler as the leader of the largest contingency in the Reichstag to form the government, which he did on January 8, 1933.

He became chancelor because the Nazi's held the majority of seats in the Reichstag and he was the only one who could pull it off. You yourself said this was all legal under the Weimar Laws.

 

Hitler them proceeded to take over *illegally.* The Nazi’s set the Reichstag Fire (Feb. 27, 1933), blamed it on the Communists and got Hindenburg to give Hitler emergency  governing powers with which he intimidated his political enemies.



He then had another ‘election’ and got 44% (still not 50% even at this point) of the vote, used the Brown Shirts to prevent socialists and communists who had been elected from taking their seats and pressured the other parties to pass the “Enabling Laws” that gave him absolute dictatorial power.

He already had the government, so it was legally constituted. That the fact that he started breaking laws after this to shore up his power doesn't change that.

 




This doesn’t look “duly elected” to me. Nor just.

Not to me either, but my definition of just and duly elected are a little diferrent. I have no love for the Nazis. Two uncles of mine were executed by them in Thessalonika for being in the underground and I'm damned proud of them. I was just commenting on the Guardians stance and that he disbanded the community rather than obey the dictates of a government that fit his criteria as legitimate if heinous.

I hope you and your family are doing well. I still recall our last meeting fondly.

Rich

 

 

 

  

 

 

 

 

 

 

 

 

 

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